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深圳市事业单位职员管理办法(试行) Order of the Shenzhen Municipal People’s Government

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深圳市人民政府令第137号

颁布日期:20041020  实施日期:20050101  颁布单位:深圳市人民政府

  Measures of the Shenzhen Municipality on the Administration of the Staff Members of Institutions (for trial) was adopted at the 127th Executive Meeting of the Third Session of the Municipal Government and is now promulgated. It shall take effect as of January 1, 2005.

  October 20, 2004

  Measures of the Shenzhen Municipality on the Administration of

  the Staff Members of Institutions (for trial)

  Chapter I General Provisions

  Article 1 In order to transform the mechanism of personnel placement of institutions, establish a staff system of institutions, and maintain the rights of institutions and staff members, these measures are hereby formulated in accordance with the related laws and regulations and in the light of practical conditions.

  Article 2 These measures shall apply to the institutions of this municipality and the staff members who have formed a contractual employment relationship with these institutions.

  Institutions referred to in these measures shall mean social service organizations, which are established after being approved by the municipal, district departments of organizational establishments for the purpose of public benefits and sponsored by government offices or other organizations using the state assets to do so, except the institutions which are managed as enterprises.

  Staff members referred to in these measures shall mean the personnel engaged by institutions according to these measures to be placed on the positions of administrative management and specialized technology.

  Article 3 Institutions shall put in practice the management of division into categories and determination of classes.

  Institutions shall put in practice a system of classification of positions and follow the principle of openness, equality, competition and selection according to merits in engaging and appointing staff members on the basis of classification of positions.

  Article 4 A staff member shall enjoy the following rights:

  (1) to compete for a position which corresponds with his/her qualifications;

  (2) not to be laid off during the term of employment unless there is a legal cause or a contractual cause;

  (3) to have a preferential treatment to be engaged again for the same qualifications when the term of employment expires;

  (4) to have labor safety, health protection and other working conditions which should be provided for executing duties, to have work remuneration and to enjoy social insurance and welfare benefits;

  (5) to participate in the democratic management of the institution according to law;

  (6) to participate in educational and training programs;

  (7) to make an appeal and to apply for settlement of a personnel dispute;

  (8) other rights stipulated by laws and regulations.

  Article 5 A staff member shall perform the following obligations:

  (1) to abide by the constitution, laws and regulations;

  (2) to safeguard the national interests, to keep the state secrets and work secrets;

  (3) to execute duties in a position, complete working tasks, and pay attention to social benefits;

  (4) to abide by regulations and rules, to follow occupational ethics;

  (5) to accept education and training according to the rules;

  (6) other obligations stipulated by laws and regulations.

  Article 6 The municipal government‘s department in charge of personnel

  (hereinafter referred to as the municipal department of personnel) shall be, according to the administration authority, responsible for the administration of the staff members of this municipality‘s institutions. Under the direction of the municipal department of personnel, a district government’s department in charge of personnel (hereinafter referred to as a district department of personnel) shall be, according to the administration authority, responsible for the administration of the staff members of this district‘s institutions.

  Under the direction of the municipal, district departments of personnel, the various responsible departments of administration of governments shall be in charge of the administration of the staff members of the related institutions.

  Chapter II Positions

  Article 7 The positions of staff members of institutions shall be divided into two categories of positions: administrative management and specialized technology, each category of positions may be set up to include several sorts of positions according to the professional nature of an institution.

  Article 8 An institution shall set up positions of staff members on the principle that positions are needed for business, the specific classification of positions and setup of positions shall be carried out according to the related rules of the municipal department of personnel.

  An institution‘s plan of its position setup shall be reported to a responsible department of personnel for examination and approval and then put into practice.

  Article 9 An institution shall compile a position manual according to the plan of position setup, submit the manual to a responsible department of administration and

  a responsible department of personnel for record, and make it public in the institution itself.

  The position manual shall make clear each position‘s category, sort, class, duties and tasks, authority, required qualifications, etc. as the basis for staff members’ engagement, appointment, assessment, training, exchange, pay and welfare benefits.

  Chapter III Engagement

  Article 10 An institution shall put in practice an all-personnel engagement system and define both parties‘ rights and obligations by signing a contract of employment.

  Article 11 If an institution has a vacant position and needs to engage a staff member, the institution shall invite applications for this position through open examination or selection.

  The specific measures on open examination and selection shall be worked out separately by the municipal department of personnel.

  Article 12 When an institution inviting applications for positions through open examination, the municipal department of personnel shall unitarily issue a public notice of examination and organize written exams; the responsible department of administration or the institution shall organize interviews, physical examination and assessments according to the related rules.

  The responsible department of administration or the institution shall decide candidates for engagement on the basis of the requirements for positions and the results of the exams, assessments and physical examination, report to the municipal department of personnel for record and then process the engagement.

  Article 13 When an institution inviting applications for positions through public selection, the positions available in the selection and the requirements for candidates shall be reported to the municipal department of personnel for screening; if they have passed the screening, the institution shall organize exams, assessments and physical examination.

  The institution shall decide candidates for engagement on the basis of the requirements for positions and the results of the exams, assessments and physical examination, report to the municipal department of personnel for record and then process the engagement.

  Article 14 An institution shall sign an employment contract with a candidate for engagement on the principle of consultation and voluntariness. If a candidate for engagement is to be engaged as a legal representative of the institution, a contract shall be signed according to the authority of engagement.

  The model copy of a staff employment contract shall be drawn up by the municipal department of personnel.

  Article 15 An institution shall put in practice an engagement term system when engaging staff members. Each engagement term shall not exceed 5 years in general unless there are other rules in the laws, regulations and these measures.

  If a staff member, whose length of service reaches 25 years or who has worked in an institution continuously for 10 years, wants to conclude a contract to be effective from engagement to retirement, the institution shall enter into such a contract with this staff member.

  As for a staff member who is engaged for the first time, an institution may set a probation period, but the maximum of probation period shall not exceed 6 months. The probation period shall be calculated as part of an engagement term.

  Article 16 If a staff member‘s employment contract expires or the conditions to terminate the contract agreed on by both parties take place, the contract shall terminate immediately.

  If a staff member‘s employment contract expires and both parties are willing to continue the employment, a renewed contract shall be signed directly. If one party does not agree to continue the employment, the other party shall be noticed in writing 30 days ahead of the expiration of the contract.

  Article 17 On the basis of consultation and agreement of both parties, a staff member‘s employment contract may be changed or terminated. If a contract is terminated, it shall be reported to a responsible department of personnel for record.

  Article 18 If there is one of the following situations, a staff member may unilaterally terminate an employment contract:

  (1) within the probation period;

  (2) being admitted to a college or university as a full-time student;

  (3) enlisting for military service according to law;

  (4) the relate departments of the state, province or municipality has confirmed that the safety and health conditions of the work unit are in a wretched state which are severely harmful to the health of staff members;

  (5) an institution has failed to perform the employment contract or encroach upon the legal rights of staff members in violation of the related rules of the state.

  If a staff member unilaterally terminates an employment contract, the employing

  institution shall be noticed in writing 30 days ahead of the date of termination.

  Article 19 If there is one of the following situations, a staff member shall not unilaterally terminate a contract:

  (1) being a chief responsible person or a core member of a professional team of a key project of engineering and scientific research of the state, province and municipality who has not completed the undertaken tasks or has not found a substitute;

  (2) undertaking the tasks of top secrecy and secrecy or being still within the prescribed time limit for keeping secret what had been done as top secrecy and secrecy in the past;

  (3) having a dispute with an institution on the ownership of a intellectual right or a scientific research achievement;

  (4) other situations stipulated by the laws, regulations and rules.

  If a staff member has unilaterally terminated an employment contract in violation

  of the rules in the above section, the staff member shall be held liable for breaking the contract; if there is damage to the institution, the staff member shall be held liable for compensation.

  Article 20 If there is one of the following situations, an institution may unilaterally terminate an employment contract:

  (1) being found unqualified for engagement during the probation period or graded as unqualified in an assessment after the probation period;

  (2) having been absent from work without reason for more than 10 consecutive days or for more than 20 accumulative days in 1 year;

  (3) having failed to return for more than 1 month after the time limit to be approved by the institution to leave the position for study at one‘s own expense;

  (4) causing a responsibility accident by violating discipline or operation rules, or causing serious consequences by neglecting duties, malfeasance, practicing favoritism and engaging irregularities;

  (5) seriously disturbing the work order so that the institution cannot keep normal work and production;

  (6) being passed on a sentence heavier than penal servitude or rehabilitated through labor;

  (7) being unable to do the original work after the end of the prescribed period of medical treatment for the disease or not-work-related injury and refusing to accept a rearrangement;

  (8) there has been a change in the authorized size of the institution or a major change in the other objective circumstances which are the basis of signing of the employment contract so that it is impossible to execute the contract any more;

  (9) the time to wait for engagement after dismissal exceeds 1 year and there is still a difficulty to be engaged for other positions;

  (10) other situations in which an employment contract may be unilaterally terminated according to laws, regulations, rules and the agreement in the contract.

  If an institution terminates an employment contract because of the situations

  referred to in Items (7) , (8) , (9) of the above section, a written notice shall be given to the concerned staff member 30 days in advance.

  Article 21 If a staff member is in one of the following situations, an institution shall not terminate an employment except when Items from (1) to (6) of Article 20 apply:

  (1) there is less than 5 years left to reach the legal age of retirement;

  (2) within the period of medical treatment after being sick or injured;

  (3) a female employee has been within the periods of pregnancy, puerperium, and breast-feeding;

  (4) suffering from an occupational disease or work-related injury and being identified as a disabled of the fifth to tenth class by an institution to grade the ability to work;

  (5) being under investigation by a judicial department or a department of disciplinary inspection and supervision and having no conclusion be made yet;

  (6) other situations stipulated by laws, regulations and rules.

  If a staff member is in the situation referred to in Item (4) of the above section, the

  employment contract may be terminated after consulting and reaching an agreement with the institution.

  Article 22 When a staff member‘s employment contract is terminated, the agreement of this member’s appointment to a position shall be terminated at the same time.

  If a staff member and an institution terminate the employment contract after reaching an agreement through consultation or because of the situations referred to in Items from (7) to (9) of the first section of Article 20, the institution shall give economic compensation. The economic compensation may be paid according to the years of service in this institution, one-month wage to be paid as economic compensation for 1 year of service, if the length of service is less than 1 year, it shall be calculated] as 1 year.

  The monthly wage referred to in the above section shall be the average monthly wage of the 12 months before the termination of the contract; if the period of employment is less than 12 months, the average monthly wage shall be that of the months of the actual employment.

  Chapter IV Appointment

  Article 23 The positions of staff members shall be arranged through an appointment system which defines the rights and obligations such as the authority to execute duties, requirements to discharge duties and remuneration, etc. by signing an agreement on appointment to a position.

  Article 24 When appointing a staff member to a position, an institution may do so through an internal competition among staff members or consultation. In case of invitation for applications to engage a staff member, an agreement on appointment to a position shall be signed at the same time.

  Appointment to a leadership position of an institution shall be arranged and carried out by the related department according to the authority of appointment and dismissal of leading cadres, it may be done thorough open promotion, engagement by selection, internal competition, or democratic recommendation. If an appointee is selected as a legal representative, the appointing office and the appointee shall sign an agreement on appointment to a position; if an appointee is selected for other leadership positions, the legal representative of the institution and the appointee shall sign an agreement on appointment to a position.

  Appointing a staff member to a position shall be done in a challenge system according to the related rules.

  Article 25 The legal representative of an institution under the administrative council (board of directors) system or the person holding a position under the election system according to law shall come out and be appointed according to the regulations and the related laws.

  Article 26 An institution shall have an agreement with a staff member on an appointment term of a position, but the maximum of an appointment term shall not exceed the engagement term.

  If a staff member‘s engagement term is extended after expiration, the appointment to the original position may be renewed or an appointment to other appropriate positions shall be made.

  Article 27 Within the appointment term of a position, an institution may make a reappointment to another position after reaching an agreement through consultation with the staff member; if a staff member is in one of the following situations, an institution shall reappoint this person to another position:

  (1) withdraw from a position is necessary according to the challenge system;

  (2) being unable to do the original work after the end of the prescribed period of medical treatment for the disease or not-work-related injuries;

  (3) no longer suitable for being appointed to the original position after having been imposed on a sanction of dismissal, demotion to a lower class of positions, or other sanctions;

  (4) no longer suitable for continuing to work at a position because of an error in work;

  (5) it is according to the agreement on appointment to a position that a reappointment should be made.

  If a staff member is in the situation referred to in Item (3) of the above section, a

  reappointment to a lower class of positions shall be made; as for other situations, a reappointment to a lower class of positions may also be made according to the agreement on appointment to a position.

  Article 28 If a staff member is in one of the following situations, an appointment to a higher class of positions shall not be allowed:

  (1) being under investigation for which a judicial department or a department of disciplinary inspection and supervision has placed a case on file;

  (2) a disciplinary sanction has not been lifted;

  (3) having failed to achieve the goals within an appointment term;

  (4) unsuitable for being appointed to a higher class of positions according to the rules of the state, province and municipality.

  Article 29 A staff member who is in one of the following situations shall be

  discharged from a position to wait for an appointment:

  (1) the institution has approved that this person leave the position for more than 1 year to study at the person‘s own expense;

  (2) continuing to work at the position is no longer appropriate because of an error in work and there is a temporary difficulty to make a reappointment to an appropriate position;

  (3) other situations stipulated by the municipal government.

  An institution shall reappoint to an appropriate position the person referred to in

  Item (1) of the above section as one discharged to wait for an appointment after this person has finished study; as for the person referred to in Item (2) of the above section, an arrangement may be made for taking other temporary work.

  If a staff member within the period of having been discharged to wait for an appointment terminates the employment contract for reasons such as the expiration of the contract, etc., the status of having been discharged to wait for an appointment shall be ended.

  Article 30 When a staff member‘s position changes or an appointment expires, auditing shall be done if the staff member has had the independent economic responsibility in this position.

  Chapter V Pay and Welfare Benefits

  Article 31 On the principle of giving priority to efficiency and giving consideration to justice at the same time, an institution shall establish a pay distribution system of staff members mainly on the basis of position pay and in combination of the distribution according to work and the distribution according to participation by factors of production.

  Article 32 Governments shall conduct a macro-level management of the pay system of institutions, the department of personnel shall, jointly with the department of finance, check and approve the gross payroll of various institutions.

  Article 33 An institution shall, on the basis of the approved gross payroll, determine the measures on the pay distribution of this institution and the pay scale of various positions.

  The measures of an institution on the staff‘s pay distribution shall be adopted at a worker (staff) congress or worker (staff) representative congress of this institution.

  The measures on the pay distribution and the pay scale of various positions of an institution shall be checked and approved by the responsible department of administration and then reported to the responsible department of personnel for record; if there is no responsible department of administration, the responsible department of personnel shall do the check and approval.

  Article 34 The pay of a staff member shall be based on the position pay and also determined by the factors such as workload, work quality, economic benefits and social benefits created by this person, etc.

  If a staff member has been appointed to two positions of different categories, one position shall be determined as a major position according to workload and work time, the pay of this staff member shall be that for the major position.

  Within the period of having been discharged to wait for an appointment, a staff member shall keep only fixed pay such as the position pay, etc. ; as for those who have an approval to leave for study at their own expenses, their pay shall be stopped.

  Article 35 A staff member‘s vacation, housing and other welfare benefits shall follow the related rules of the state, province and this municipality.

  Chapter VI Assessment, Reward and Punishment

  Article 36 An institution shall make assessments of staff members on the principle of objectivity and justice, under the direction of the responsible department of personnel, establish an assessment system on the basis of the position management and appointment system and in combination of the probation assessment, regular assessment, annual (academic year for a teaching institution, the same below) assessment, and appointment term assessment.

  Article 37 An institution shall work out the specific standards and measures to make assessment of the staff members of this institution which shall be put into practice after being adopted at a worker (staff) congress or a worker (staff) representative congress.

  An institution shall make assessments level by level according to the work performance of staff members based on their employment contracts and agreements on appointment to a position.

  Article 38 The probation assessment of staff members of an institution shall have two grades: qualified and unqualified, the grades of staff members‘ annual assessment and appointment term assessment shall be determined according to the specific measures of this institution on assessment.

  Article 39 The results of the annual assessment and appointment term assessment of an institution shall be reported to the responsible department of administration for record.

  Article 40 The results of assessments of staff members shall be used by an institution as the basis for staff position adjustments and staff members‘ engagement, appointment, training, pay, reward and punishment.

  If a staff member is graded as unqualified during the probation period, the employment contract shall be terminated.

  Article 41 Awarding a staff member an honorary title, a citation for the first class merit, a citation for the second class merit, a citation for the third class merit or honoring a staff member by commendation shall be carried out according to the related rules of the municipal government; awarding a staff member other kind of rewards and honoring a staff member by other ways shall be determined by an institution itself.

  Article 42 If a staff member has taken an act in violation of law and discipline, it shall be dealt with according to the related rules.

  Chapter VII Education and Training

  Article 43 An institution shall, according to the needs of social, economic, science and technology developments, make a plan and arrangements for staff members‘ education and training.

  Staff members shall participate in staff training organized by their institutions, they shall be encouraged to participate in various programs of social training to upgrade themselves in personal ability.

  Article 44 Staff training shall be divided into position-holding training and continuous education.

  The contents of staff training shall be target-oriented, practical and advanced.

  Article 45 Staff training may be organized and conducted by an institution itself or entrusted with to training institutions such as colleges and universities, scientific research academies and institutions.

  Article 46 Staff members‘ grades of training and completion of training tasks shall be one of the bases for assessments and appointments of staff members.

  Chapter VIII Social Security

  Article 47 The municipal government shall, according to the level of social and economic development and the social bearing capacity of this municipality, establish and improve step by step a social insurance system corresponding with the staff member system.

  Article 48 Staff members shall participate in social insurance such as old age pension, medical care, etc. according to the related rules of the state and the municipality, the specific measures of the staff social security system shall be drawn up separately by the municipal government.

  Article 49 A staff member who is in one of the following situations shall enjoy the social insurance benefits:

  (1) having retired;

  (2) falling ill, being injured, bearing a child;

  (3) being injured and disabled in line of duty or suffering from an occupational disease;

  (4) being unemployed.

  Article 50 A staff member who is in one of the following situations shall retire

  unless this staff member meets the state rules to extend the age of retirement:

  (1) reaching the age of 60 full years for a male or 55 full years for a female, and having worked for 10 years or more;

  (2) reaching the age of 50 full years for a male or 45 full years for a female, and having worked for 10 years or more and being appraised by this municipality‘s medical institution of labor appraisal as one who has lost the ability to work because of illness.

  If a staff member is disabled in line of duty and appraised by this municipality‘s

  medical institution of labor appraisal as one who has lost the ability to work, this staff member may also go through the formalities for retirement.

  If a staff member is in the situation stipulated by the state, the resignation from a position may be arranged.

  If a staff member has retired or resigned, remuneration shall be calculated according to the related rules of the municipal government.

  Article 51 If a staff member meets one of the following requirements, an early retirement may be arranged after this staff member has filed an application, the institution has agreed to it and reported the application to the municipal department in charge of personnel for approval:

  (1) reaching the age of 55 full years for a male or 50 full years for a female and having worked for 20 years or more;

  (2) engaging in the underpit operation, work at a high place above the ground, high-temperature operation, extraordinarily heavy physical labor or other work harmful to health, reaching the age of 55 full years for a male or 45 full years for a female, and having worked for 10 consecutive years or more;

  (3) other requirements stipulated by the state.

  Chapter IX Settlement of Disputes

  Article 52 If a staff member has a dispute with an engaging institution on the engagement, appointment, and discharge of the employment contract or the agreement on appointment to a position, etc., the party concerned may apply to an arbitral institution of personnel disputes for arbitration within a prescribed time limit.

  Article 53 The scope of authority of the municipal, district arbitration institutions of personnel disputes shall be determined according to the authority of the municipal, district departments of personnel.

  Article 54 If an institution has done damage to a staff member because of the acts in violation of laws or contracts, correction shall be made immediately, and recoupment or compensation shall be made as well; if reputation has been damaged, the institution shall be responsible for clearing up ill effects. After recouping or compensating, the institution may recover such payment from the responsible persons who made serious errors.

  Chapter X Supplementary Provisions

  Article 55 As for the administration of the members of the leading group of an institution, the related rules of the state, province and municipality, in addition to these measures, shall be implemented.

  Article 56 An institution shall entrust enterprises with the rear service and make the rear service socialized; if part of the rear service is not suitable for entrustment, the institution shall, after having an approval from a responsible department of personnel, hire people according to the related rules of the municipal government on the administration of employees.

  Article 57 These measures shall take effect as of January 1, 2005.

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